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Municipal Indemnity Update 09/21/2009
Municipal Indemnity Update 09/21/2009
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!!Risk Management Alert!!
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County of Erie & City of Buffalo
Requiring Uninsurable Indemnity
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Since our last alert there have been continued efforts to negotiate an insurable indemnity provision. The American Council of Engineering Companies (ACEC) and their legal counsel have been speaking with the County of Erie Attorney on the issue. While the matter has not been resolved, the effort continues unabated. We felt it important to advise you of this ongoing effort.
We understand many design firms have pending contracts with the County. The insurability issue still remains and the decision to enter into an agreement with the County is each firm's business decision; we feel significant risk still exists.
In addition, there also appears to be a renewed effort by the City of Buffalo to impose uninsurable indemnification on design consultants (please refer to the attached sample proposed contract terms). The insurability issues are substantially the same.
We urge all design professionals to seriously consider the risk management issues of these indemnity obligations and to continue the effort to educate the City and County regarding the undue financial burdens these contract provisions could impose.
Jim Maxson
Promark Agency
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Promark Agency
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Please forward this to any design consultants doing business with the County of Erie or the City of Buffalo.
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